Dyer v. Dement

Citations

• 37 Tex. 431

Syllabus

<p>1. When there is no assignment of errors and no brief for either party, this court is justified ordinarily in dismissing the appeal, for want of prosecution. But there being material error apparent on the face of the present record, that practice is not applied.</p> <p>2. On a note for less than one hundred dollars, the plaintiff sued in the District Court, alleging that the note was given for the purchase-money of land, and therefore he prayed enforcement of the vendor’s lien. But, at the trial of the cause, all the evidence concurred in proving that the consideration of the note was not purchase-money of land. Held, that the court below should have instructed the j ury that there could be no vendor’s lien, and, on verdict in accordance with such instruction, the cause should have been dismissed for want of jurisdiction in the District Court.</p>